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Home Human Rights Economic Social Cultural Rights Namur Declaration of 5 December 2016: An EU-Values Driven Path to Negotiating and Concluding Economic and Trade Agreements

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  1. Part 2, paragraph 5 reads : “treaties should systematically include clauses allowing the Parties to resume public ownership of a sector without any condition other than those imposed by national legislation”.

    The right of public authorities to resume public ownership is certain and does not need to be confirmed by a treaty clause. However, to consider that expropriation should take place “without any condition other than those imposed by national legislation” is profoundly troubling — it sounds as if the first additional protocol to the ECHR did not exist, nor the EU Charter on fundamental rights or customary rules on foreign property…